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12-013 Mimi Braatz, Signage for the Don Burnett Bicycle-Pedestrian Bridge RECEIVED CITY of JAN 3 0 2012 AGREEMENT CITY OF CUPERTINO 0300 Torre Avenue PUBLIC WORKS DEP R MENT Cu ertino, CA 95014 rr��--TTC7 CUPERTINO � 3 7, 4 l�'�/a 8-7TH-3200 NO BY THIS AGREEMENT, made and this day of , , by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Mimi Braatz and Associates; Address: (Hereinafter referred as CONSULTANT), in consideration of their mutual covenants,the parties hereto agree as follows: CONSULTANT shall provide or furnish the following specified services and/or materials: Design and Delivery of Signage for the Don Burnett Bicycle-Pedestrian Bridge EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Proposal marked Exhibit A TERMS: The services and/or materials furnished under this Agreement shall commence on January 20, 2012 and shall be completed before August 1, 2012. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONSULTANT: On a Lump Sum Basis Not to Exceed$8,300.00(base fee of$7,802 and Additional Services of$498)without Written Approval from The City, Additional Services must be authorized in writing by City prior to completing work California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of $1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless. Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify,defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims,actions,causes of action or demands whatsoever against any of Them,including any injury to or death of any person or damage to property or other liability of any nature,whether physical, emotional, consequential or otherwise, arising out, pertaining to,or related to the performance of this Agreement by Consultant or Consultant's employees, officers, offic als, agents or independent contractors. Such costs and expenses shall include reasonable attorneys'fees of counsel of City's choice,expert fees and all other costs and fees of litigation. Insurance. Should the City require evidence of insurability,Consultant shall file with City a Certificate of Insurance before commencing any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin,ancestry,religion or sex of such person. Interest of Consultant. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigned. At all times,Consultant shall be deemed to be an independent consultant and Consultant is not authorized to bind the City to any contracts or other obligations in executing this agreement. Consultant certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. Changes. This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: ENTERED Carmen Lynaugh, Public Works Projects Manager; 408-777-3215 �j,l�j�j This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONSULTANT: CITY OF CUPERTINO: / By . , APPROVALS EXPENDITURE DISTRIBUTION QQI ART -01:1.AD DAT ACCOUNT NUMBER AMOUNT ��/�/ Z 110-8101-7014 $8,300.00 ,`;i j— T� ( _ 9. 1y Mimi Breatz Agreement EXHIBIT A Bid for Don Burnett Bridge Signage I Bridge Name signs Two 18"x 9"x 1/4" thick etched stainless steel plates with satin brushed finish. Mounting plaques to be designed by T. Greene; fabrication costs and/or production supervision of mounting plaques not included in this estimate. Design/Production/Transmittal of Art: $304 Project Management: $188 Sign Production: $2,233 + $185 tax SUBTOTAL: $2,910 II. Interpretive Sign One 21"x 15.5"x 1/4" thick etched stainless steel plate with photo etching and satin brushed finish. Mounting plaques to be designed by T. Greene; fabrication costs and/or production supervision of base/stand not included in this estimate. Design/Production/Transmittal of Art: $755 Project Management: $188 Sign Production: $1,953 + $161 tax SUBTOTAL: $3,057 Optional/Additional Items 1) Production supervision charges: la) Onsite visit by designer and project manager to Toll Graphics in Emeryville to view/proof both signs at same time - estimated at 3 hours: $645 1b) Presence of designer and project manager at bridge site during installation - estimated at 2 hours: $430 2) Installation by Toll Graphics for all 3 signs: $760